What is a Deposition?

Many people have heard the word "deposition" before, but many people do not know what a deposition actually is.  In its most basic sense a deposition is an examination, under oath, conducted by one party to a lawsuit against the other party to the lawsuit.  There are usually three parties present at a deposition:  lawyers (for both the plaintiff(s) and the defendant(s), the deponent (the person being deposed) and a stenographer.

At the beginning of the deposition the deponent is sworn in under oath by the stenographer.  Every word that is uttered at the deposition – by either the lawyers present, or the deponent – is recorded and eventually transcribed by the stenographer.  For almost all people, a deposition is a rather undesirable event because the deponent is peppered by questions from the adverse attorney.

Depositions are usually very expensive and they are only conducted when a case is in litigation.  It is important that your attorney(s) prepare you adequately for what to expect at a deposition, and to impress upon you how significant the deposition actually is. 

My friend and colleague Frank Kautz, Esq. is a general practitioner in Massachusetts and he has compiled a very useful set of materials to help people adequately prepare for a deposition.  Please click here for this very important and very useful set of materials.

If you have further questions concerning depositions in the context of personal injury law in Massachusetts, I invite you to contact me.